Q: I was awarded full custody of my niece and two nephews. I was under the impression me brother, their father, was going to abide by the recommendations of the court and regain custody of his children in the near future but he has shown that he has no intentions of getting on the right path, so now I must figure out how to remove myself from the situation as I am unable to be their guardians permanently.
A: If this was part of a child welfare case, then you’d need to file a petition to modify and have DSS served. The children would thereupon go into foster care unfortunately (if there’s no other relative to take them). Otherwise, you’d need to file a modification petition and have the father & mother served, requesting that one of them re-gain custody of the children. Call a Westchester Child Custody attorney for more info.